Notice2024-13041
Brass Rod From the Republic of Korea: Amended Final Antidumping Duty Determination; Brass Rod From Brazil, India, Mexico, the Republic of Korea, and South Africa: Antidumping Duty Orders; Brass Rod From the Republic of Korea: Countervailing Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing the antidumping duty (AD) orders on brass rod from Brazil, India, Mexico, the Republic of Korea (Korea), and South Africa and a countervailing duty (CVD) order on brass rod from Korea. In addition, Commerce is amending its final determination of sales at less than fair value (LTFV) with respect to brass rod from Korea to correct a ministerial error.
Full Text
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<title>Federal Register, Volume 89 Issue 115 (Thursday, June 13, 2024)</title>
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[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50263-50266]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13041]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-859, A-533-915, A-201-858, A-580-916, A-791-828, C-580-917]
Brass Rod From the Republic of Korea: Amended Final Antidumping
Duty Determination; Brass Rod From Brazil, India, Mexico, the Republic
of Korea, and South Africa: Antidumping Duty Orders; Brass Rod From the
Republic of Korea: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing the antidumping duty (AD) orders
on brass rod from Brazil, India, Mexico, the Republic of Korea (Korea),
and South Africa and a countervailing duty (CVD) order on brass rod
from Korea. In addition, Commerce is amending its final determination
of sales at less than fair value (LTFV) with respect to brass rod from
Korea to correct a ministerial error.
DATES: Applicable June 13, 2024.
FOR FURTHER INFORMATION CONTACT: Claudia Cott or Thomas Schauer
(Brazil), AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4270
and (202) 482-0410, respectively; Allison Hollander or Christopher
Williams (India), Office I; telephone: (202) 482-2805 or (202) 482-
5166; Frank Schmitt or Jacob Waddell (Mexico), Office VI; telephone:
(202) 482-4880 or (202) 482-1369, respectively; Krisha Hill or Drew
Jackson (AD Korea), Office IV; telephone: (202) 482-4037 or (202) 482-
4406, respectively; Dmitry Vladimirov (South Africa), Office I;
telephone: (202) 482-0665; or Toni Page or Lingjun Wang (CVD Korea),
Office VII; telephone: (202) 482-1398, or (202) 482-2316, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on April 22, 2024, Commerce published its
affirmative final determinations of sales at LTFV of brass rod from
Brazil, India, Mexico, Korea, and South Africa,\1\ and its affirmative
final determination that countervailable subsidies are being provided
to producers and exporters of brass rod from Korea.\2\ In the LTFV and
CVD investigations of brass rod from Korea, a respondent timely alleged
that Commerce made certain ministerial errors. See ``Amendment to the
Korea Final Determination of Sales at Less than Fair Value'' section
below for further discussion.
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\1\ See Brass Rod from Brazil: Final Affirmative Determination
of Sales at Less Than Fair Value, 89 FR 29303 (April 22, 2024);
Brass Rod from India: Final Affirmative Determination of Sales at
Less Than Fair Value, 89 FR 29300 (April 22, 2024) (India Final LTFV
Determination); Brass Rod from Mexico: Final Affirmative
Determination of Sales at Less Than Fair Value, 89 FR 29305 (April
22, 2024); Brass Rod from the Republic of Korea: Final Affirmative
Determination of Sales at Less Than Fair Value, 89 FR 29298 (April
22, 2024) (Korea Final LTFV Determination); Brass Rod from South
Africa: Final Affirmative Determination of Sales at Less Than Fair
Value, 89 FR 29292 (April 22, 2024), (collectively, Final LTFV
Determinations).
\2\ See Brass Rod from the Republic of Korea: Final Affirmative
Countervailing Duty Determination, 89 FR 29290 (April 22, 2024)
(Korea Final CVD Determination).
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On June 5, 2024, pursuant to sections 705(d) and 735(d) of the Act,
the ITC notified Commerce of its final affirmative determinations that
an industry in the United States is materially injured by reason of
dumped imports of brass rod from Brazil, India, Mexico, the Korea, and
South Africa, and subsidized imports of brass rod from Korea, within
the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the
Act.\3\
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\3\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated June 5, 2024 (ITC Notification Letter).
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Scope of the Orders
The product covered by these orders is brass rod from Brazil,
India, Mexico, Korea, and South Africa. For a complete description of
the scope of the orders, see the appendix to this notice.
Amendment to the Final Determination of Sales at Less Than Fair Value
for Korea
We determine that we made certain ministerial errors in the final
LTFV and CVD determinations on brass rod from Korea. Pursuant to 19 CFR
351.224(e), and as explained further in the Korea AD Ministerial Error
Memorandum \4\ and Korea CVD Ministerial Error Memorandum \5\ issued
concurrently with this notice, Commerce is amending the Korea Final
LTFV Determination to reflect the correction of certain ministerial
errors, which resulted from the misclassification of certain subsidies
in the companion CVD proceeding. Correction of these errors changes the
final AD adjusted cash deposit rate for Daechang Co., Ltd., Seowon Co.
Ltd., and IMI Co. Ltd., as well as the cash deposit rate for all other
producers and exporters not individually investigated. The revised
rates are listed in the ``Estimated Weighted-Average Dumping Margins''
section, below.
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\4\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Brass Rod from the Republic of Korea: Allegation of Ministerial
Error in the Final Determination,'' dated concurrently with this
notice.
\5\ See Memorandum, ``Countervailing Duty Investigation of Brass
Rod from the Republic of Korea: Analysis of Ministerial Error
Allegations,'' dated June 4, 2024. Commerce is not amending the CVD
final determination.
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AD Orders
On June 5, 2024, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determinations that an industry in
the
[[Page 50264]]
United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of imports of brass rod from
Brazil, India, Mexico, Korea, and South Africa that are sold in the
United States at less than fair value.\6\ Therefore, in accordance with
section 735(c)(2) and 736 of the Act, Commerce is issuing these AD
orders. Because the ITC determined that imports of brass rod from
Brazil, India, Mexico, Korea, and South Africa are materially injuring
a U.S. industry, unliquidated entries of such merchandise from Brazil,
India, Mexico, Korea, and South Africa, entered or withdrawn from
warehouse for consumption, are subject to the assessment of antidumping
duties.
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\6\ See ITC Notification Letter.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise on all
relevant entries of brass rod from Brazil, India, Mexico, Korea, and
South Africa. Antidumping duties will be assessed on unliquidated
entries of brass rod entered, or withdrawn from warehouse, for
consumption on or after December 1, 2023, the date of publication of
the Preliminary Determinations of Sales at LTFV,\7\ but will not
include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination, as further described below.
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\7\ See Brass Rod from Brazil: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 88 FR
83910 (December 1, 2023); Brass Rod from India: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 88 FR 83900 (December 1, 2023); and Brass Rod from Mexico:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, 88 FR 83913 (December 1, 2023); Brass Rod from the Republic
of Korea: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, 88 FR 83915 (December 1, 2023); Brass Rod from
South Africa: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extension
of Provisional Measures, 88 FR 83904 (December 1, 2023),
(collectively, Preliminary Determinations of Sales at LTFV).
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Continuation of Suspension of Liquidation and Cash Deposits--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice, Commerce intends to instruct CBP to continue to suspend
liquidation on all relevant entries of brass rod from Brazil, India,
Mexico, Korea, and South Africa, in accordance with section 736 of the
Act. These instructions suspending liquidation will remain in effect
until further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the tables below, adjusted by the relevant subsidy offsets.
Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP must require, at the same time as importers would
normally deposit estimated customs duties on subject merchandise, a
cash deposit equal to the rates listed in the tables below.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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\8\ See India AD Final Determination, 89 FR at 29302.
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Exporter/producer Weighted-average dumping margin (percent)
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Brazil
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Termomecanica Sao Paulo S.A................................ 22.78
Megabras Industria Eletronica Ltda......................... 77.14
All Others................................................. 22.78
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Weighted-average
Exporter/producer dumping margin Cash deposit rate (adjusted for
(percent) subsidy offsets) (percent) \8\
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India
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Rajhans Metals Pvt Ltd.................................. 2.19 0.00
Shree Extrusions Limited................................ 5.42 3.22
All Others.............................................. 2.41 0.00
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Korea
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Booyoung Industry....................................... 9.18 7.45
Daechang Co., Ltd./Seowon Co. Ltd./IMI Co. Ltd.......... 8.26 6.78
All Others.............................................. 8.48 6.94
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Exporter/producer Weighted-average dumping margin (percent)
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Mexico
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Industrias Unidas S.A. de C.V.............................. 6.51
Aleamex S.A. de C.V........................................ 29.43
All Others................................................. 6.51
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South Africa
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Non-Ferrous Metal works (SA) (PTY) Ltd..................... 10.67
All Others................................................. 10.67
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Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that accounted for a significant proportion
of exports of brass rod from Brazil, India, Mexico, Korea, and South
Africa, Commerce extended the four-month period to no more than six-
months.\9\ In the underlying investigations, Commerce published the AD
Preliminary Determinations on December 1, 2023. Therefore, the six-
month period beginning on the date of the publication of the AD
Preliminary Determinations ended on May 28, 2024. Pursuant to section
737(b) of the Act, the collection of cash deposits at the rates listed
above will begin on the date of publication of the ITC's final injury
determinations. Therefore, in accordance with section 736(a)(1) of the
Act and our practice, Commerce will instruct CBP to terminate the
suspension of liquidation and to liquidate, without regard to
antidumping duties, unliquidated entries of brass rod from Brazil,
India, Mexico, Korea, and South Africa entered, or withdrawn from
warehouse, for consumption on or after May 29, 2024, the first day
provisional measures were no longer in effect, until and through the
day preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determinations in the Federal Register.
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\9\ See AD Preliminary Determinations.
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CVD Order
As stated above, based on the above-referenced affirmative final
determination by the ITC that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of brass rod from Korea,\10\ in
accordance with section 705(c)(2) of the Act, Commerce is issuing this
CVD order.\11\ Moreover, because the ITC determined that imports of
brass rod from Korea are materially injuring a U.S. industry,
unliquidated entries of subject merchandise from Korea entered, or
withdrawn from warehouse, for consumption, are subject to the
assessment of countervailing duties.
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\10\ See ITC Notification Letter.
\11\ On February 1, 2024, the ITC determined that an industry in
the United States is materially injured by reason of imports of
brass rod from India, and on February 13, 2024, Commerce published
the CVD order on brass rod from India. See Brass Rod from India:
Countervailing Duty Order, 89 FR 10032 (February 13, 2024).
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Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct CBP to assess, upon further instruction by Commerce,
countervailing duties on all relevant entries of brass rod from Korea,
which are entered, or withdrawn from warehouse, for consumption on or
after September 29, 2023, the date of publication of the Korea CVD
Preliminary Determination, but will not include entries occurring after
the expiration of the provisional measures period and before the
publication of the ITC's final injury determination under section
705(b) of the Act, as further described in the ``Provisional Measures--
CVD'' section of this notice.\12\
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\12\ See Brass Rod from the Republic of Korea: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 88 FR 67233
(September 29, 2023) (Korea CVD Preliminary Determination).
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Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of brass rod
from Korea, effective on the date of publication of the ITC's final
affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties on each entry of subject
merchandise in an amount based on the net countervailable subsidy rates
below. On or after the date of publication of the ITC's final injury
determination in the Federal Register, CBP must require, at the same
time as importers would normally deposit estimated customs duties on
this merchandise, a cash deposit equal to the rates listed in the table
below. These instructions suspending liquidation will remain in effect
until further notice. The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate.
Estimated Countervailing Duty Subsidy Rates
The estimated countervailing duty subsidy rates are as follows:
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Subsidy rate
Company (percent ad
valorem)
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Booyoung Industry....................................... 2.04
Daechang Co. Ltd........................................ 3.70
All Others.............................................. 2.87
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Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the Korea CVD
Preliminary Determination on September 29, 2023.\13\ As such, the four-
month period beginning on the date of the publication of the Korea CVD
Preliminary Determination ended on January 26, 2024.
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\13\ Id.
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For Booyoung Industry, Commerce determined a de minimis preliminary
estimated countervailable subsidy rate in the Korea CVD Preliminary
Determination, and an affirmative final estimated countervailable
subsidy rate in the Korea CVD Final Determination.\14\ Therefore, in
accordance with section 705(c)(1)(B)(ii) of the Act, we instructed CBP
to suspend liquidation of entries of brass rod from Korea produced or
exported by Booyoung Industry that were entered, or withdrawn from
warehouse, for consumption on or after April 22, 2024, the date of
publication of the Korea CVD Final Determination. Accordingly,
provisional measures will not expire for Booyoung Industry until August
20, 2024.
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\14\ See Korea CVD Preliminary Determination, 88 FR at 67234;
see also Korea CVD Final Determination, 89 FR at 29291.
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For all other companies, in accordance with section 703(d) of the
Act, we instructed CBP to terminate the suspension of liquidation and
to liquidate, without regard to countervailing duties, unliquidated
entries of brass rod from Korea entered, or withdrawn from warehouse,
for consumption, on or after January 27, 2024, the date on which the
provisional measures expired, until and through the day preceding the
date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal
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Register.\15\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\16\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\15\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\16\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \17\
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\17\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\18\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\18\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \19\ Accordingly, as stated
above, the petitioner and the Governments of Brazil, India, Mexico,
Korea, and South Africa should submit their initial entries of
appearance after publication of this notice in order to appear in the
first annual inquiry service lists for these orders. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the Governments of Brazil, India,
Mexico, Korea, and South Africa will not need to resubmit their entries
of appearance each year to continue to be included on the annual
inquiry service list. However, the petitioner and the Governments of
Brazil, India, Mexico, Korea, and South Africa are responsible for
making amendments to their entries of appearance during the annual
update to the annual inquiry service list in accordance with the
procedures described above.
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\19\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD orders with respect to brass rod
from Brazil, India, Mexico, Korea, and South Africa and the CVD order
with respect to brass rod from Korea, pursuant to sections 706(a) and
736(a) of the Act. Interested parties can find a list of AD and CVD
orders currently in effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
These orders are issued and published in accordance with sections
706(a) and 736(a) of the Act and 19 CFR 351.211(b).
Dated: June 7, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Orders
The products within the scope of these orders are brass rod and
bar (brass rod), which is defined as leaded, low-lead, and no-lead
solid brass made from alloys such as, but not limited to the
following alloys classified under the Unified Numbering System (UNS)
as C27450, C27451, C27460, C34500, C35000, C35300, C35330, C36000,
C36300, C37000, C37700, C48500, C67300, C67600, and C69300, and
their international equivalents.
The brass rod subject to these orders has an actual cross-
section or outside diameter greater than 0.25 inches but less than
or equal to 12 inches. Brass rod cross-sections may be round,
hexagonal, square, or octagonal shapes as well as special profiles
(e.g., angles, shapes), including hollow profiles.
Standard leaded brass rod covered by the scope contains, by
weight, 57.0-65.0 percent copper; 0.5-3.0 percent lead; no more than
1.3 percent iron; and at least 15 percent zinc. No-lead or low-lead
brass rod covered by the scope contains by weight 59.0-76.0 percent
copper; 0-1.5 percent lead; no more than 0.35 percent iron; and at
least 15 percent zinc. Brass rod may also include other chemical
elements (e.g., nickel, phosphorous, silicon, tin, etc.).
Brass rod may be in straight lengths or coils. Brass rod covered
by these orders may be finished or unfinished, and may or may not be
heated, extruded, pickled, or cold-drawn. Brass rod may be produced
in accordance with ASTM B16, ASTM B124, ASTM B981, ASTM B371, ASTM
B453, ASTM B21, ASTM B138, and ASTM B927, but such conformity to an
ASTM standard is not required for the merchandise to be included
within the scope.
Excluded from the scope of these orders is brass ingot, which is
a casting of unwrought metal unsuitable for conversion into brass
rod without remelting, that contains, by weight, at least 57.0
percent copper and 15.0 percent zinc.
The merchandise covered by these orders is currently
classifiable under subheadings 7407.21.9000, 7407.21.7000, and
7407.21.1500 of the Harmonized Tariff Schedule of the United States
(HTSUS). Products subject to the scope may also enter under HTSUS
subheadings 7403.21.0000, 7407.21.3000, and 7407.21.5000. The HTSUS
subheadings and UNS alloy designations are provided for convenience
and customs purposes. The written description of the scope of these
orders is dispositive.
[FR Doc. 2024-13041 Filed 6-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 13, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.